A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On October 17, 2019, at around 23:54, the Defendant opened a door that was not a locked room in the Chungcheongbuk-gun Belho-gun, Chungcheong-gun, Chungcheongnam-do, and had sexual intercourse once by inserting the victim’s panty, and inserting the victim’s chest, who was under the influence of alcohol, and was under the influence of alcohol, by inserting the victim’s panty, and inserting the victim’s chest into the sound book.

Accordingly, the defendant has sexual intercourse with the victim by taking advantage of the victim's failure to resist.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to D by the police;

1. Investigation reports and investigation reports (related to the verification of CCTV in a telecom);

1. A gene appraisal report;

1. Application of the Acts and subordinate statutes governing the photograph of CCTV, CCTV screen pictures, CCTV screen pictures inside the telecom, and the settlement receipt pictures of the defendant, where the suspect enters Bel C;

1. Articles 299 and 297 of the Criminal Act applicable to the facts constituting an offense;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

1. Article 2 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse ( November 26, 2019), the main sentence of Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, the main sentence of Article 59-3 (1) of the Act on Welfare of Persons with Disabilities;

1. Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or notify, and Articles 49(1) proviso to Article 49(1) and the proviso to Article 50(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 16622, Nov. 26, 2019), the Defendant had no record of punishment for a sex crime prior to the instant case, and it is difficult to readily conclude that the Defendant had no record of criminal punishment prior to the instant case in light of the circumstances of the crime, etc., that the Defendant is in danger of recidivism of a sexual crime, suspension of execution of imprisonment with labor, registration